Law and Compliance in Australia

Overview by Globlatrade.net:

Business Contract

General Observation
You must define precisely the seller's obligations and the methods of quality control.
Law Applicable to the Contract
You must be vigilant about the law applicable to contracts and the methods of conflict resolution. Australia is a signatory to the Vienna Convention on international contracts. International laws, generally accepted in contracts signed with Australian firms, can be used or a system of arbitration be called on.
Advisable Incoterms
It is preferable to choose FOB or CIF. EXW is also often used if you do not want to take care of the transport in Australia.
Language of Domestic Contract
English
Other Laws Which Can Be Used in Domestic Contracts
If Australian law is not used, the law of the other contracting party must be chosen.

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Legal Framework of Business

Equity of Judgments

Independence of Justice
The judicial power is independent.
Equal Treatment of Nationals and Foreigners
Australia is a constitutional State. Foreign nationals can benefit from the same treatment as citizens in judicial matters (including commercial disputes). It is one of the least corrupt nations in the world, and women have the same freedoms and rights as men.
The Language of Justice
English
Recourse to an Interpreter
Possible.
Legal Similarities
The main source of the law is the constitution of 1901, based on English Common Law. The country accepts the obligatory jurisdiction of the International Court of Justice.
 

The Different Legal Codes

 
Accounting regulations Corporation Act 2001 and Corporation regulations 2001.
Contract and Property Law Contract law, Property Laws
Customs Law Customs Act
Consumer Law Trade Practices Act 1974
Labour Law Workplace Relation Act 1996
 
Checking National Laws Online
National Library of Australia Portal
Other Useful Resources
Australian Government Attorney-General's Department
Country Guides
Country Guide Lexmundi
 

Find Legal Experts in Australia on GlobalTrade.net.
 

The Jurisdictions

 
the High Court The highest jurisdiction. Resolution of cases of particular federal importance (constitutionality of laws, resolution of appeals)
the Federal Court of Australia Federal Court. Family, administrative, and commercial disputes, bankruptcy, copyright, discrimination, etc.
the Family Court of Australia Jurisdiction for family affairs.
the Federal Magistrates Court of Australia Second federal chamber. This court shares jurisdiction with the Family Court of Australia and the Federal Court of Australia. Family, administrative, and commercial disputes, bankruptcy, copyright, discrimination, etc.
 
 

Court Officials

Lawyers
The profession of « lawyer » is separated into two categories in Australia (barrister and solicitor).
Judges
They decide if the law has been broken or not, as well as the penalties which ensue.
Barristers
Barristers plead.
Solicitors
Solicitors advise.
Attorneys
They are like solicitors and represent justice.
Court agents
Agents employed to facilitate the course of justice.
 
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